Disposed

K.P.Krishna Varma,(Chaitanya), v. Tahsildar, Kanayannur Taluk

Kerala HC3 Apr 2024WP(C)/11557/2023

Case brief

AI extract

What is this about?

Writ petition challenging non-consideration of an application regarding luxury tax on a multi-storied building. The Court disposed of the petition by directing the first respondent to consider and pass appropriate orders on the pending application expeditiously, preferably within two months.

What did the court decide?

Direction to 1st Respondent to pass orders on Ext.P9 application expeditiously, preferably within two months.

K.P.Krishna Varma,(Chaitanya), Vs Tahsildar… — Municipal and Town Planning | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

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WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946

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WP(C) NO. 11557 OF 2023

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PETITIONER/S:

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1 K.P.KRISHNA VARMA,(CHAITANYA), AGED 80 YEARS PURATHE MADHOM, LAYAM ROAD, STATUE JN, TRIPUNITHURA, ERNAKULAM DISTRICT, PIN - 682301

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2RAJALAKSHMI VARMA,
AGED 70 YEARS
(CHAITANYA),PURATHE MADHOM, LAYAM ROAD,STATUE JN,
TRIPUNITHURA, ERNAKULAM DISTRICT, PIN - 682301
BY ADVS.
C.R.REGHUNATHAN
R.BALAKRISHNAN
B.HARRYLAL

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RESPONDENT/S:

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1 TAHSILDAR, KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM, PIN - 682011

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2 VILLAGE OFFICER, NADAMA VILLAGE,NADAMA VILLAGE OFFICE,TRIPUNITHURA,ERNAKULAM, PIN - 682301 BY ADV GOVERNMENT PLEADER

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OTHER PRESENT:

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SMT. JASMIN M.M. -GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 11557 OF 2023

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JUDGMENT

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The present writ petition has been filed seeking the following reliefs:

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i.Issue a writ of mandamus and command the 1st Respondent to pass orders on Ext-P9 application in the light of the changed scenario regarding the ownership of the multi storied building, which was subjected to the charge of luxury tax under Tax file No.B6-5495/2016 within a time bound direction.

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ii. Directing the 2nd Respondent Village officer to abstain from collecting/ recovering any amount as Luxury Tax in respect of the multi storied building containing flat Nos. 37/861-A, 37/861-B of the Tripunithura Municipality.

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Considering the limited prayer for a direction to dispose of Ext.P9 application pending before the 1^st respondent, the present writ petition is disposed of, directing the 1^st respondent to consider and pass appropriate order in accordance with law on Ext.P9 application of the petitioner, expeditiously, preferably within a period of two months from today. Let this order shall be communicated by the petitioner as well as the learned Government Pleader to the 1^st respondent.

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Sd/-

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DINESH KUMAR SINGH JUDGE

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WP(C) NO. 11557 OF 2023

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APPENDIX OF WP(C) 11557/2023

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`PETITIONER EXHIBITS`
`EXHIBITP1`	`TRUE`	`COPY`	`OF`	`THE`	`LAND TAX RECEIPT DATED`
	`10/02` `PETIT`	`/2021` `IONER`	`IN`	`TH`	`E NAME OF THE FIRST`
`EXHIBITP2`	`TRUE` `18/09`	`COPY` `/2020`	`OF`	`THE`	`SETTLEMENT DEED DATED`
`EXHIBITP3`	`TRUE` `01.10`	`COPY` `.2021`	`OF` `OF`	`THE` `THE`	`LAND TAX RECEIPT DATED` `1ST PETITIONER`
`EXHIBITP4`	`TRUE` `01.10`	`COPY` `.2021`	`OF` `OF`	`THE` `THE`	`LAND TAX RECEIPT DATED` `2ND PETITIONER`
`EXHIBITP5`	`TRUE` `DATED`	`COPY` `04.10`	`OF` `.20`	`THE` `21 O`	`POSSESSION CERTIFICATE` `F THE 1ST PETITIONER`
`EXHIBITP6`	`TRUE` `DATED`	`COPY` `04.10`	`OF` `.20`	`THE` `21 O`	`POSSESSION CERTIFICATE` `F THE 2ND PETITIONER`
`EXHIBITP7`	`TRUE` `22.08`	`COPY` `.2022`	`OF` `OF`	`THE` `THE`	`HOUSE TAX RECEIPT DATED` `1ST PETITIONER`
`EXHIBITP8`	`TRUE` `22.08`	`COPY` `.2022`	`OF` `OF`	`THE` `THE`	`HOUSE TAX RECEIPT DATED` `2ND PETITIONER`
`EXHIBITP9`	`TRUE`	`COPY`		`OF`	`THE APPLICATION DATED`
	`27/12` `RESPO`	`/2021,` `NDENT`	`TAH`	`SUBM` `SILD`	`ITTED TO THE FIRST` `AR`
`EXHIBITP10`	`TRUE` `LUXUR`	`COPY` `Y TAX`	`OF` `DAT`	`THE` `ED 2`	`RECEIPT FOR PAYMENT OF` `5/03/2022`
`EXHIBITP11`	`TRUE`	`COPY O`	`F T`	`HE L`	`ETTER DATED 13/09/2022`

K.P.Krishna Varma,(Chaitanya), v. Tahsildar, Kanayannur Taluk

Case brief

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What did the court decide?

K.P.Krishna Varma,(Chaitanya), v. Tahsildar, Kanayannur Taluk

Case brief

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What did the court decide?

What the court decided

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